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Gaining residency for in-state tuiton

I'm currently a senior in HS in North Carolina but looking to attend West Virginia. Ever since i was little one, its been my dream to attend the University. My parents are West Virginia natives(lived there for 25 years) and have taken me to many football games and to Morgantown numerous times. It's my dream school. However, out of state tuition may keep me from attending. My mother has suggested that I gain residency in West VA by renting an apartment, attending Potomac State College at WVU(community college) for a semester as a part time student(therefore i could get a job) and then transferring over. I have cousin that did the same thing and is now attending with in-state-tuition. Would this be a smart thing to do or would i be better off paying out of state?

Replies to: Gaining residency for in-state tuiton

A student eighteen years of age or over may be classified as a resident if (1) the parents were domiciled in the State at the time the student reached majority and such student has not acquired a domicile in another state, or (2) as an adult the student has
established a bona fide domicile in the State of West Virginia. Bona fide domicile in West Virginia means that the student must not be in the State primarily to attend an educational institution and must be in the State for purposes other than to attempt to qualify for resident status.

You need to check with the schools to be sure but it is unlikely that renting an apartment and attending school part time would make you eligible for in state tuition.

In most States your residency for in-state tuition is based on your parents State of residency. It is generally very hard to change you residency. Most States will not allow you to qualify for residency while you are considered a dependent of your OOS parents. Additionally, even once you are old enough to not be considered a dependent, most states will not allow you to qualify for instate tuition while you are in school. Often you have to have been living in the State for at least a year and not be going to school to establish residency.

If it were that easy there would be no point in any school charging out of state tuition. Check with the schools in WV to be sure.

Below is from the WVU website. It doesn't look like you can establish residency WHILE you are attending a school of higher education (and that would presumably include any college including a community college). From what I read here, you could move to West Virginia and establish residency there but you would not be able to attend school while doing so. In addition, if you read the "dependency" section...it appears that as long as your parents declare you as a dependent on their taxes, you cannot become independent for instate purposes if they live out of state. But...read this yourself...and just go to the website and search in state residency. It's the first hit.

Section 3. Residence Determined by Domicile
3.1 Domicile within the state means adoption of the state as the fixed permanent home and involves personal presence within the state with no intent on the part of the applicant or, in the case of a dependent student, the applicant's parent(s) to return to another state or country. Residing with relatives (other than parent(s)/legal guardian) does not, in and of itself, cause the student to attain domicile in this state for admission or fee payment purposes. West Virginia domicile may be established upon the completion of at least twelve months of continued presence within the state prior to the date of registration, provided that such twelve months' presence is not primarily for the purpose of attendance at any institution of higher education in West Virginia. Establishment of West Virginia domicile with less than twelve months' presence prior to the date of registration must be supported by evidence of positive and unequivocal action. In determining domicile, institutional officials should give consideration to such factors as the ownership or lease of a permanently occupied home in West Virginia, full-time employment within the state, paying West Virginia property tax, filing West Virginia income tax returns, registering of motor vehicles in West Virginia, possessing a valid West Virginia driver's license, and marriage to a person already domiciled in West Virginia. Proof of a number of these actions shall be considered only as evidence which may be used in determining whether or not a domicile has been established. Factors militating against the establishment of West Virginia domicile might include such considerations as the student not being self-supporting, being claimed as a dependent on federal or state income tax returns or the parents' health insurance policy if the parents reside out of state, receiving financial assistance from state student aid programs in other states, and leaving the state when school is not in session.

Section 4. Dependency Status
4.1 A dependent student is one who is listed as a dependent on the federal or state income tax return of his/her parent(s) or legal guardian or who receives major financial support from that person. Such a student maintains the same domicile as that of the parent(s) or legal guardian. In the event the parents are divorced or legally separated, the dependent student takes the domicile of the parent with whom he/she lives or to whom he/she has been assigned by court order. However, a dependent student who enrolls and is properly classified as an in-state student maintains that classification as long as the enrollment is continuous and that student does not attain independence and establish domicile in another state.

4.2 A nonresident student who becomes independent while a student at an institution of higher education in West Virginia does not, by reason of such independence alone, attain domicile in this state for admission or fee payment purposes.

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